ALBANY – A top state Assembly lawyer will keep his job and won’t be punished after an investigation of charges that he sexually assaulted a female legislative aide was closed yesterday with no action.

J. Michael Boxley, 41, chief counsel to Assembly Speaker Sheldon Silver (D-Manhattan), and the woman “have not been able to reconcile their differences” in settlement talks, according to a brief statement issued by Assembly Counsel William Collins, who led the in-house probe.

“They have both resolved to move on with their professional and personal lives, and have agreed that the investigation should be terminated.”

The Post disclosed last month that Boxley had been accused in a formal complaint filed with the Assembly of “sexually assaulting” a 24-year-old female aide to an Assembly Republican in January.

Boxley denied the charge, but the staffer, in an interview with The Post, provided a detailed account of the alleged attack at Boxley’s apartment after the two met earlier in a bar near the state Capitol.

Silver appointed Collins to investigate the allegations under the Assembly’s internal policies against sexual harassment, and to try to negotiate a settlement deal.

The woman has declined to press criminal charges against Boxley, but she has raised the specter of a civil suit against the Assembly.

She could not be reached for comment. Her lawyer, citing a gag order, also wouldn’t comment.

After keeping a low profile when the allegations became public, Boxley, who is paid $117,500 a year, resurfaced publicly in the past week, attending press conferences and working the back halls of the Assembly.

“He’s back doing what he needs to do,” said a source close to him. “He enjoys the full support of the Assembly speaker, and he’s going on with his life.”